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Hancock v. Whittemore

California Supreme Court · No. 4855 · 1875-07-01 · Published · 50 Cal. 522

C. H. HANCOCK v. EDWIN P. WHITTEMORE

Area
civil

Analysis

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Opinion

By the Court :

An assessment for the improvement of a street is a municipal tax, and the property owner is brought into relations with the proceedings which are initiated by the resolution of intention, only when the tax is levied; that is to say, when the assessment is made and issued.

The assessment was issued after the death of H. M. Whittemore. The tax thus assessed did not constitute a claim against the estate of H. M. Whittemore which was required to be presented for allowance. (People v. Olvera, 43 Cal. 492.)

Judgment affirmed.

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